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§ 9-14-10.Respondent’s return to writ — When and where made

Chapter 14. Habeas Corpus · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-14-10 requires the return to be made at the time and place the court set, adds two days of travel time for every 20 miles between the place of detention and the hearing location, and, if service came too late for that travel time, allows the return to be made within the allowed time immediately after service.

Full Text of § 9-14-10

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The return of the party served with the writ shall be made at the time and place specified by the court. Two days from the time of service shall be allowed for every 20 miles which the party has to travel from the place of detention to the place appointed for the hearing. If service has not been made a sufficient time before the hearing to cover the time allowed in this Code section to reach the place of hearing, the return shall be made within the time so allowed immediately after the service.

Plain-English Summary

Once the writ is served, the respondent has to answer it — that answer is the return — and this section works out the mechanics of when and where. The baseline rule is plain: the return happens at the time and place the court specified when it issued the writ.

Distance complicates that baseline, so the statute builds in travel time. For every 20 miles the respondent has to travel from the place where the detained person is held to the hearing location, the statute adds two days beyond the service date. That formula recognizes that a respondent served in a distant county needs more lead time than one served across the street from the courthouse.

The final clause handles a timing problem: what if service happens so close to the scheduled hearing that there is not enough time left to cover the travel allowance? In that situation, the return is not merely late — it is instead due within the allowed time counted from the moment of service, effectively pushing the return date out to accommodate the travel the respondent needs.

Frequently Asked Questions

When is the return normally due?

At the time and place specified by the court when it issued the writ.

How is travel time factored into the return deadline?

Two days are allowed for every 20 miles the respondent must travel from the place of detention to the hearing location.

What if service happens too close to the scheduled hearing to allow for travel time?

The return is instead made within the travel time the statute allows, counted from the moment of service, rather than on the original hearing date.

Who sets the original time and place for the hearing?

The court, when it grants and issues the writ of habeas corpus.

Does the travel-time allowance apply only to long distances?

It applies proportionally to any distance — the statute calculates it at a rate of two days per 20 miles, however far or short the distance is.

Amendment History

Orig. Code 1863, § 3917; Code 1868, § 3941; Code 1873, § 4017; Code 1882, § 4017; Penal Code 1895, § 1218; Penal Code 1910, § 1299; Code 1933, § 50-110.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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